New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-15
TWO REBUFFS FOR GERHARD.
JUDGE BARRETT THROWS HIS CASE OUT.

CHARGES AGAINST Mr.. WHITMAN.
Justice Barrett. Of the Supreme Court. yesterday
handed down decision denying the motion for perua-
nent injunction restraining the New York Club from III
tcrferug with the rights of Colonel Edward Gerhard as
q member, and dissolyng tho temporary
! injunction previously granted. The Judge says !:
The Injunction asked upon inaccurate conception
OF the real dispute between the pianti anu tne cIu
plaintiffs hill, hut OF honor between gentlemen
! There are questions of honor between gentlemen
when the plaintiff became member OF this club he
agreed to IT. constitution. wnicn eHpressigg nres
tbc tribunal for tier trial ana the p .IS
authorized 10 suspend or expel member for conduct
which it shall consider dangerous to the welare INC
rests. or character OF the club
Is THE PLAINTIFFS CONDUCT DANGERoUsY
Now surely the Board may lawfully that it con-
sIers the conduct Of the paintiGshoud the charges
against him he proyelas coming within this provision
II certainly would he dangerous 10 the character or any
association OF gentlemen to have among them member
who has secured money. however honestly earned by
dlshonorabie mrlns. and WHO retains even legally 10y
discrediting fellow members worl ard rcpudating his
own. The CLUB therefore, has ample jurisdiction TO try
this plaintiff upon these charges while this court
is entirely without urs LECTION In the specific premises
court OF equity VIII undoubedly see 70 II ,haI tne ~
cu-cd member has fair hearing and that the CLUB pro-
Goods In accrrlancc with The of natural
what he pl@ihtn ASKS Is nat ti.re slal ne no Nc,
ing ~ all and that he shall return his membershp-u-
tried by hc msre force OF an injuncton 10 sustain
TINS posiu"n lac asigrs two reasons nrst' thaI VIC
charges untruei IN other words mat ne II
I
to he determined by tho tribunal which we have en-
jons SccOn, that certain members OF the Dodrh al
have the fir trial wuich the law guarantees
HIN. No substantial fact is stated - when t
do 70 say that hccarsc The original puie with the
club ITSELF the board OF directors incompetent to try
thai dispute Nor can the plaintiff disqunhfy
his constitutional Judge BY grautously or without
specific proof a,siing their impair iality u Is this
c tribunal this alone. that he contracted for
upon questions OF cub disc ine) when he signed the
tho in oh of NJ
plrtiaity fully met by the opposing papers One OF
the gentlemen referred to- beinS witness 3yows thai
selves unparalleled AMI solc~uy protest that they have
fr ard iupart', hearing upon the charges aud 10 rem
der first verdict according 10 the best Of their judS
judgment Of thc Board Of final The
-tutsu -iyr he defeated meater ~ appeal upon the
Request Of Twelve OF his felow-memOer-, TO the entire
bOIy of the club.
TIE D. Ecr)Hs EXoNEHArE Mr.. WHITMAN.
The Boarl OF Director, OF the club held n session ast
nght in accordance with the request Of Nathaniel Whit
man for an investigation \ number Of witnesses
examined to tho charge OF cheating
az cards preferred by Mr. Gebhari against
Mr. whitman. and shortly before midnight the following
resolutions adopted:
Ub,icps. Edward Gcblarl 4 member OF this clgb ia
conuaut 'rrved mon thi'cih asserted and s"ore that
he actecte AMI exposed member o. TINS cluO, namely
Nh Nathanie VIII man, II. cheating at carl'. an
al Investigation of such charge. aud
Whc.e0s. Noticr has Deen served upon ElSari Cob
day OF November. $50 , m; and
hcf0,. lie has refused To- appear hu sent ct'er IN
wirh he claims legal privilege to assert such charge
rc.o,red. That after hearing Mr. whitman. and his
eyidcucc prGuouncng such charge 10 70" wicked aut
malicious lie a,i without any ouHdat.on In train what
ever that I'm the opinion ~ this Board. such charge
against Nlr. Whitman Is utterly uniohA led
MIR. GEBHARD's RESIGNATION HELD OVER.
Ten members o. the board Present at the meeting
which iiournel at midui-at II WAS then rumored at
tho clubhouse that Colonel Gcbharl had sent
in his resignation, and that the same
nal been laid upon the table until the
orsin,l charges against Gebhard could be disposed or
Secrct,ry Wells Of the club asked in regard this,
AMI replied that though he could not anything about
any other action II the board he would sae that Geb
hari's resignation ha. not been accepted"
me following correspondence between Colonel Geb-
h4,d and Secretary Wells made public yesterday
Nov g. 1857
Mr. Epw ARD GERHARD:
DEAR FIX: au Instructed to notify yon TO appear be
meeting to hc bel the club house Monday the Ian
81 Novcubcrl~- at $50 p m here 10 prove ant .gb,
Whitman oI cheating at cards. Yours respectfully
Henry {. WEiL-. secretary.
Nlw-YORK. New H. 1887.
SIR: have the honor TO acknowietSe Inc recsip OF
your communication daIol November :. aud lie ivered 20
made ~. g b 5' liza asa INST Mr. Whaan therein referred to
was made u legal pleading and was pryiirsei. aad
committed the club and such charge was male outside
-; tho clun tsci te cub has no jurisdiction oyer mo
Drect,on 70 not Is me TO appear them relation
trleto shall not Obey such Instruction but shall
submit your with this reply to Jud.s Barrett
violation evasion OF the I'M melton order here oiore
served anon tho Newlork cub and It's PRECEDENT II
you attempt proceed thi, matter sfcr the receipt
OF thi- letter and do any rreuiicial % In any
manner shall seek legal redress. Yours, c,.,.,,.,.
Mr. WELLS Secretary ye,c York club
Notice OF submission OF tho letters 20 Judge Barrett
has been served upon counsel Tor the New-York Club
A TALK WITH COLONEL GERHARD.
Colonel Gebhard r. found yesterday IN hts Office Mt
40 Broad-st MY Offset. sand hc - in taking the
matter INTO exploit the point in contro
vcr-y be wcen AMI the club shall not appear be
fore tho Board anticipate expulsion with equanmity.
But the whole Issue involved mas been lost ssht Of
II wa. solely whether Director NcGi toll TIE truth when
he sali that had entered into arrangement with him
10 nave my bill audited and aft-rwari rcaiJusied
Everyone comedies that the bill was AN under rather
moved tue audit or my bill. General Coils seconded
the motion aud IL was pascal without a as
ssnting vOicn. In the meantime some prore began to
lind iault with my bill rs ex'rDtabt MI MoNlll WAS
seeking reelection to the Board OF Directors AMI
cOnfronisl with the query from these iagit
Guders: " How Is 1t You seek reelection AFTER
having passed Gebhagds eHorbiiant bill = Then he
says: Oh. bat the matter was arranged De'ween nir
Gebhard and that Tbs bill wond he udit"d hut wsnd
be subsequently recalled He sad that IL was 50 under
mo. tho whole thing is ike as IL a gentleman entered
an examination ana the Beard OF Dreoofs shou" COM
contempt. show why yon should wsar red socks.
prefer TO wear my red socks and Will continue 10 de
PRESIDENT SMITH SATISFIED.
Tho reporter also President James d. Smith and
asked him the clab would pursue In view OF
JUICE Earrct,'s decision. lie said:
"I havo Just heard OF the decision OF Judge
Jarrett have never for a moment believed or would
have consented. far q, am concerned "a member
~ tr ,n rl that ANYTHING saould nave been done that
%, ~" ,t Wii FAIR r.ns tswarl NJ Gebhard.
ami consistent with tho self rcspect oil the cldD
prgnet by a member OF the club that before the court
where he chose Drng ihe their course 50 far mas
been ylndicatcd.